S.O.
Alameda County Social Services Agency v. S.O.
Opinion
Lead Opinion
Needham, J.
S.O. (father) appeals from an order that terminated the dependency jurisdiction of the juvenile court over his children, T.H. and V.O., and placed them in the physical custody of their mother, S.S. (mother). (Welf. & Inst. Code, § 362.4.) 1 The judgment included an exit order allowing supervised visitation by father “to be determined by the parents.” We agree with father’s claim that for all intents and purposes, this improperly delegated to mother the discretion to allow visitation.
I. FACTUAL AND PROCEDURAL BACKGROUND
Father and mother are now separated. Father has a history of drug and alcohol abuse and has committed acts of domestic violence against mother. The children were the subjects of a prior dependency that terminated in January 2008, at which time father was given primary custody and mother was allowed visitation on Wednesdays and holidays.
On June 30, 2008, father threatened mother and the children as mother was taking them away from his house for a visit. Father was arrested, and respondent Alameda County Social Services Agency (Agency) filed a new dependency petition. The juvenile court determined that the children were persons described in section 300,…